The White House was the scene of a torts controversy this week after Presidential Dog Barney bite a reporter. It is a classic question of the common law “one free bite rule.” The video is below.

The Scottish terrier bit Reuters reporter Jonathan Decker in a dream of any personal injury lawyer: a well photographed, unprovoked attack. The greatest danger to Decker was being crushed by the hundreds of lawyers on nearby K St, rushing to give him their business cards. (I am in Kentucky for a speech and feel helpless in missing the opportunity).

Barney appears to have finally succumbed to the hostility toward the media that has manifested itself during this campaign at the White House. This is clearly a case of a pet picking up an owner’s feelings.

Under the common law, the expression “one free bite” is a bit of a misnomer. An owner is strictly liable if he has knowledge of the dog’s vicious propensities — not necessarily by a previous biting alone. This could be an ideal subject for congressional oversight to determine if President Bush has brought vicious animals into the White House complex to attack reporters as some type of Roman games or sport as he watches from the Oval Office. I hear that someone saw Bush give the thumbs down signal seconds before Barney was released on the reporter.

Barney is originally from New Jersey and was born on September 30, 2000.

Previous presidents have had both a hippo and a gator as pets — animals that would be classified as wild under the common law and subject to strict liability.